The status of power of attorney clauses and “step-in rights” provisions under the Personal Property Securities Act 2009 (Cth) (PPSA) remains an issue.
Parental cautions to their millennial children that “the internet is forever” now have an echo in Australian litigation following the recent decision of the Federal Court in Dyno Nobel Inc v Orica...
A recent decision of the Supreme Court of Queensland has highlighted the need to be vigilant when calculating pre-judgment interest, particularly in respect of long running litigation.
On 5 August 2019 the Federal Resources Minister, Matt Canavan MP announced that the Productivity Commission will conduct a 12-month review of the regulation of the resources sector.
Last week, in Glencore v Commissioner of Taxation [2019] HCA 26 the High Court of Australia unanimously affirmed the status of Legal Professional Privilege (LPP) as merely an immunity from the...
In an age driven by technology, employers are increasingly using biometric technologies, such as fingerprint scanning and facial recognition, as a way to deal with employee identification...
In the wake of the closely watched proceedings recently commenced by Israel Folau regarding the termination of his employment for his comments on social media, the right of a public sector employee...
How should the liquidator of an insolvent trustee company ensure payment out of trust assets of the entirety of his or her remuneration and expenses? According to the Federal Court , from the...
Last week, the Full Federal Court (per Davies, Moshinsky and Steward JJ) handed down a decision in Moreton Resources Limited v Innovation and Science Australia [2019] FCAFC 120.
Australia’s insolvency laws are changing, yet again.
On 3 July 2019, the Australian Securities and Investments Commission (ASIC) issued the long-awaited Consultation Paper 315 (CP 315), setting out its proposals for the new regulatory regime for...
We have started to see the Federal Court use its discretionary powers in respect of class actions to order defendants to disclose their insurance policies to plaintiffs.
The recent Federal Court judgment Lucas v Zomay Holdings Pty Ltd is a reminder to all contracting parties that a preliminary agreement is immediately binding, even when you are expecting to enter...
These new legislative regimes in Australia have been largely inspired by existing modern slavery and transparency legislation in the UK and the USA.
The Supreme Court of New South Wales has held that, in relation to defamation liability, media companies are deemed to be the publishers of any comments posted to their public Facebook pages by...
In its much anticipated decision, the High Court has unanimously dismissed the Amerind appeal.
The Federal Court has approved one of the more novel schemes of arrangement in recent times, where the bidder (already a major shareholder), required that both the target’s Executive Chairman...
The information to be sent to target shareholders seeking their approval of a scheme of arrangement is required to include whether or not each director recommends approval of the scheme; or if a...
By a 4:3 majority, the High Court of Australia has upheld the Full Federal Court’s decision regarding the actions of a storekeeper who provided a “book-up” credit service to indigenous residents in...
As we approach 1 July, it is important to assess changes in the employment landscape for the next financial year.
A short case summary on the recent Osteo Gel case.
On 3 May 2019, the Federal Court of Australia dismissed an application brought by the administrators of an oil and gas exploration company, Paltar Petroleum Limited (Paltar) to adjourn proceedings...
With effect from 1 July 2018, a new withholding regime for GST will require purchasers to withhold an amount from the purchase price for ‘new residential premises’ and for ‘potential residential...
On 17 May 2019, the Federal Court approved the scheme of arrangement between Angas and its Debenture Holders.